Pay Rs62k for maintaining cattle taken for slaughtering: HC to truck owner

Nagpur: In an unusual order, the Nagpur bench of Bombay high court has directed a Bhandara citizen to pay Rs 62,600 as maintenance charges towards 17 cattle, which were taken for the illegal slaughtering in his truck before being rescued by the police.
While allowing his prayer for getting an interim custody of his vehicle, justice Govinda Sanap also asked petitioner Tahir Sheikh to furnish solvent surety of Rs 7 lakh. The NGO Gowardhan Gowansh Seva Anusandhan Kendra (Dhyan Foundation) was told to deduct Rs 47,600 for the maintenance of cattle which was deposited by him in JMFC Lakhandur.
The petitioner was also asked to execute Rs 15,000 bond with solvent surety for further payment of the maintenance amount in compliance of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, at Rs200/day/cattle till the case's disposal.
Directing the JMFC court to expedite the case trial within six months, justice Sanap clarified that if the maintenance amount is not paid, then it should be recovered from the petitioner.
“In Altaf Babru’s case (supra), the bench held that the liability to pay maintenance charges of the seized cattle is a joint and several of all the persons involved in commission of the crime, including the vehicle owner, till final disposal of the case. It also held that the owner cannot be absolved of his responsibility to pay the amount towards maintenance and health inspection of animals in accordance with the rules,” the judge said.
After the petitioner’s vehicle was seized on October 6, 2021, offences under Prevention of Cruelty to Animals Act, 1960, and Maharashtra Animal Preservation Act, 1976, were lodged against his driver Krishna Deshmukh.
The petitioner, who was not made as an accused in the case, then filed an application for an interim custody of the vehicle, which was lying idle in the police station. It was opposed by intervenor - Gowardhan Gowansh Seva Anusandhan Kendra contending that it was being used for transporting 17 cattle in inhuman condition for illegal slaughtering.
The JMFC however rejected his application and directed him to pay Rs 47,600 to the intervenor towards the maintenance charges. Sheikh challenged the order in Bhandara sessions court, which too rejected his case. Subsequently, he moved HC challenging both orders.
Quoting SC orders, justice Sanap said the vehicle cannot be confiscated as per the provisions of law and its disposal should take place at the time of final decision of the matter depending upon the evidence.
“The SC held that it would serve no purpose to keep such seized vehicles at police stations for a long period. The JMFC shall pass appropriate orders immediately by taking bond and guarantee as well as security for return of the vehicle, if required at any point of time. The order rejecting temporary custody of the vehicle to the petitioner needs to be set aside. However, handing over its temporary custody must be subject to appropriate conditions consistent with the rules and the law,” the judge said.